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House File 831 - IntroducedA Bill ForAn Act 1relating to the expungement of convictions for certain
2nonviolent class “D” felonies, and related convictions,
3and to the definition of a conviction relating to the
4possession, receipt, and transportation of firearms,
5offensive weapons, and ammunition.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.25, Code 2021, is amended to read as
2follows:
3724.25 Felony, conviction, and antique firearm defined.
41. As used in section 724.26, the word “felony” means
5any offense punishable in the jurisdiction where it occurred
6by imprisonment for a term exceeding one year, but does not
7include any offense, other than an offense involving a firearm
8or explosive, classified as a misdemeanor under the laws of the
9state and punishable by a term of imprisonment of two years or
10less.
112. As used in section 724.26, “conviction” does not include
12any offense which has been expunged or for which a person
13has been pardoned or has had the person’s rights restored
14in accordance with section 724.27 unless such expungement,
15pardon, or restoration expressly provides that the person shall
16not ship, transport, possess, or receive firearms, offensive
17weapons, or ammunition.
182. 3. As used in this chapter, an “antique firearm”
19means any firearm, including any firearm with a matchlock,
20flintlock, percussion cap, or similar type of ignition system,
21manufactured in or before 1898. An antique firearm also
22means a replica of a firearm so described if the replica is
23not designed or redesigned for using rimfire or conventional
24centerfire fixed ammunition or if the replica uses rimfire or
25conventional centerfire fixed ammunition which is no longer
26manufactured in the United States and which is not readily
27available in the ordinary channels of commercial trade.
28 Sec. 2. NEW SECTION. 901C.4 Nonviolent class “D” felony —
29expungement.
301. Upon application of a defendant convicted of a nonviolent
31class “D” felony offense filed in the county where the
32conviction occurred, the court shall enter an order expunging
33the record of such a criminal case if the defendant has proven
34all of the following:
35a. More than ten years have passed since the discharge of
-1-1the defendant’s sentence.
2b. All conditions of the defendant’s parole or probation
3have been satisfied.
4c. The defendant has paid all court costs, fees, fines,
5restitution, and any other financial obligations ordered by the
6court or assessed by the clerk of the district court.
7d. The defendant has not previously been granted a deferred
8judgment for a prior felony.
9e. The defendant has not been convicted of or received a
10deferred judgment for a felony offense committed subsequent to
11the conviction for which the defendant is seeking expungement.
12f. The defendant has not been convicted of or received
13a deferred judgment for a misdemeanor offense of violence
14committed subsequent to the conviction for which the defendant
15is seeking expungement.
16g. The defendant is not currently incarcerated or serving a
17period of probation for any criminal offense, and the defendant
18has no pending criminal charges.
19h. The defendant is not required to register as a sex
20offender under chapter 692A.
212. The following class “D” felonies shall not be expunged:
22a. A conviction for assault under section 708.2, subsection
234.
24b. A conviction of domestic abuse assault under section
25708.2A, subsection 4 or 5.
26c. A conviction for assault in violation of individual
27rights under section 708.2C, subsection 2 or 4.
28d. A conviction for assault while participating in a felony
29under section 708.3, subsection 2.
30e. A conviction for an assault on persons engaged in certain
31occupations under section 708.3A, subsection 1 or 2.
32f. A conviction for inmate assault under section 708.3B.
33g. A conviction for willful injury under section 708.4,
34subsection 2.
35h. A conviction for administering harmful substances under
-2-1section 708.5.
2i. A conviction for intimidation with a dangerous weapon
3under section 708.6, subsection 2.
4j. A conviction for going armed with intent under section
5708.8.
6k. A conviction for stalking under section 708.11,
7subsection 3, paragraph “b”.
8l. A conviction for removal of an officer’s communication or
9control device under section 708.12, subsection 3, paragraph
10“f”.
11m. A conviction for disarming a peace officer of a dangerous
12weapon under section 708.13, subsection 2.
13n. A conviction for female genital mutilation under section
14708.16, subsection 1 or 4.
15o. A conviction for threat of terrorism under section
16708A.5.
17p. A conviction for lascivious acts with a child under
18section 709.8, subsection 1, paragraph “d” or “e”.
19q. A conviction for assault with intent to commit sexual
20abuse under section 709.11, subsection 2.
21r. A conviction for sexual exploitation by a counselor,
22therapist, or school employee under section 709.15, subsection
234, paragraph “a”, or under section 709.15, subsection 5,
24paragraph “a”.
25s. A conviction for human trafficking under section 710A.2.
26t. A conviction for aggravated theft under section 711.3B,
27subsection 2, paragraph “b”.
28u. A conviction for threats to place or attempts to place
29any incendiary or explosive device or destructive substance
30under section 712.8.
31v. A conviction under prior law of an offense comparable to
32an offense listed in this subsection.
333. The county attorney for the county in which the
34conviction was entered shall be given notice of the
35application, and an order of expungement shall not be entered
-3-1until the state has been given notice and the opportunity to
2object on the grounds that the applicant does not satisfy all
3of the conditions in subsection 1.
44. a. A person shall be granted an expungement of a record
5under this section one time in the person’s lifetime. However,
6the one application may request the expungement of records
7relating to more than one conviction if all of the following
8conditions apply:
9(1) The application contains the nonviolent class “D”
10felony offense.
11(2) The convictions arose from the same transaction or
12occurrence.
13(3) The conviction is for a criminal offense that is
14eligible to be expunged under either this section or section
15901C.3.
16b. The expungement of a misdemeanor conviction under this
17subsection shall not be considered an expungement under section
18901C.3, subsection 3.
195. No order of expungement shall be entered until at least
20thirty days after an application has been filed.
216. The expunged record under this section is a confidential
22record exempt from public access under section 22.7 but shall
23be made available by the clerk of the district court upon court
24order.
257. Notwithstanding section 692.2, after receipt of
26notice from the clerk of the district court that a record of
27conviction has been expunged under subsection 1, the record
28of conviction shall be removed from the criminal history data
29files maintained by the department of public safety if such a
30record was maintained in the criminal history data files.
318. The supreme court may prescribe rules governing the
32procedures applicable to the expungement of a criminal case
33under this section.
349. This section applies to a nonviolent class “D” felony
35conviction that occurred prior to, on, or after July 1, 2021.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the expungement of convictions for
5certain nonviolent class “D” felonies and to the definition
6of a conviction relating to the possession, receipt, and
7transportation of firearms, offensive weapons, and ammunition.
8The bill provides that, for the purposes of Code section
9724.26 (possession, receipt, transportation, or dominion and
10control of firearms, offensive weapons, and ammunition by
11felons and others), a conviction does not include any offense
12which has been expunged or for which a person has been pardoned
13or has had the person’s rights restored in accordance with Code
14section 724.27 (restoration of offenders’ rights) unless such
15expungement, pardon, or restoration expressly provides that the
16person shall not ship, transport, possess, or receive firearms,
17offensive weapons, or ammunition.
18The bill provides that upon application of a defendant
19convicted of a nonviolent class “D” felony offense filed in the
20county where the conviction occurred, the court shall enter
21an order expunging the record of such a criminal case if the
22defendant has proven all of the following: more than 10 years
23have passed since the discharge of the defendant’s sentence;
24all conditions of the defendant’s parole or probation have
25been satisfied; all court costs, fees, fines, restitution,
26and any other financial obligations have been paid by the
27defendant; the defendant has not previously been granted a
28deferred judgment for a prior felony; the defendant has not
29been convicted of or received a deferred judgment for a felony
30offense committed subsequent to the conviction for which the
31defendant is seeking expungement; the defendant has not been
32convicted of or received a deferred judgment for a misdemeanor
33offense of violence committed subsequent to the conviction for
34which the defendant is seeking expungement; the defendant is
35not currently incarcerated or serving a period of probation for
-5-1any criminal offense and has no pending criminal charges; and
2the defendant is not required to register as a sex offender
3under Code chapter 692A.
4The bill provides that a conviction of the following class
5“D” felonies are not eligible for expungement: assault under
6Code section 708.2(4); domestic abuse assault under Code
7section 708.2A(4) or (5); assault in violation of individual
8rights under Code section 708.2C(2) or (4); assault while
9participating in a felony under Code section 708.3(2); assault
10on persons engaged in certain occupations under Code section
11708.3A(1) or (2); inmate assault under Code section 708.3B;
12willful injury under Code section 708.4(2); administering
13harmful substances under Code section 708.5; intimidation with
14a dangerous weapon under Code section 708.6(2); going armed
15with intent under Code section 708.8; stalking under Code
16section 708.11(3)(b); removal of an officer’s communication
17or control device under Code section 708.12(3)(f); disarming
18a peace officer of a dangerous weapon under Code section
19708.13(2); female genital mutilation under Code section
20708.16(1) or (4); threat of terrorism under Code section
21708A.5; lascivious acts with a child under Code section
22709.8(1)(a) or (e); assault with intent to commit sexual
23abuse under Code section 709.11(2); sexual exploitation by a
24counselor, therapist, or school employee under Code section
25709.15(4)(a) or (5)(a); human trafficking under Code section
26710A.2; aggravated theft under Code section 711.3B(2); and
27certain threats under Code section 712.8.
28The bill provides that the county attorney for the county in
29which the conviction was entered shall be given notice of the
30application, and an order of expungement shall not be entered
31until the state has been given notice and the opportunity to
32object on the grounds that the applicant does not satisfy
33all of the conditions specified in the bill, and no order of
34expungement shall be entered until at least 30 days after the
35application has been filed.
-6- 1The bill provides that a person shall be granted an
2expungement of a record one time in the person’s lifetime.
3However, the one application may request the expungement of
4records relating to more than one conviction if all of the
5following conditions apply: the application contains the
6nonviolent class “D” felony offense, the convictions arose
7from the same transaction or occurrence, and the conviction is
8for a criminal offense that is eligible to be expunged under
9the bill or Code section 901C.3. The bill provides that an
10expungement of a misdemeanor conviction under the bill shall
11not be considered an expungement under Code section 901C.3(3)
12which allows for an expungement once in a person’s lifetime of
13certain misdemeanor convictions under certain circumstances.
14The bill provides that the expunged record is a confidential
15record exempt from public access but shall be made available
16by the clerk of the district court upon court order. After
17receipt of notice from the clerk of the district court that
18a record of conviction has been expunged, the record of
19conviction shall be removed from the criminal history data
20files maintained by the department of public safety if such a
21record was maintained in the criminal history data files.
22The bill provides that the supreme court may prescribe rules
23governing the procedures applicable to the expungement of a
24criminal case under this Code section. The bill applies to a
25nonviolent class “D” felony conviction that occurred prior to,
26on, or after July 1, 2021.
-7-as/rh
2nonviolent class “D” felonies, and related convictions,
3and to the definition of a conviction relating to the
4possession, receipt, and transportation of firearms,
5offensive weapons, and ammunition.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.25, Code 2021, is amended to read as
2follows:
3724.25 Felony, conviction, and antique firearm defined.
41. As used in section 724.26, the word “felony” means
5any offense punishable in the jurisdiction where it occurred
6by imprisonment for a term exceeding one year, but does not
7include any offense, other than an offense involving a firearm
8or explosive, classified as a misdemeanor under the laws of the
9state and punishable by a term of imprisonment of two years or
10less.
112. As used in section 724.26, “conviction” does not include
12any offense which has been expunged or for which a person
13has been pardoned or has had the person’s rights restored
14in accordance with section 724.27 unless such expungement,
15pardon, or restoration expressly provides that the person shall
16not ship, transport, possess, or receive firearms, offensive
17weapons, or ammunition.
182. 3. As used in this chapter, an “antique firearm”
19means any firearm, including any firearm with a matchlock,
20flintlock, percussion cap, or similar type of ignition system,
21manufactured in or before 1898. An antique firearm also
22means a replica of a firearm so described if the replica is
23not designed or redesigned for using rimfire or conventional
24centerfire fixed ammunition or if the replica uses rimfire or
25conventional centerfire fixed ammunition which is no longer
26manufactured in the United States and which is not readily
27available in the ordinary channels of commercial trade.
28 Sec. 2. NEW SECTION. 901C.4 Nonviolent class “D” felony —
29expungement.
301. Upon application of a defendant convicted of a nonviolent
31class “D” felony offense filed in the county where the
32conviction occurred, the court shall enter an order expunging
33the record of such a criminal case if the defendant has proven
34all of the following:
35a. More than ten years have passed since the discharge of
-1-1the defendant’s sentence.
2b. All conditions of the defendant’s parole or probation
3have been satisfied.
4c. The defendant has paid all court costs, fees, fines,
5restitution, and any other financial obligations ordered by the
6court or assessed by the clerk of the district court.
7d. The defendant has not previously been granted a deferred
8judgment for a prior felony.
9e. The defendant has not been convicted of or received a
10deferred judgment for a felony offense committed subsequent to
11the conviction for which the defendant is seeking expungement.
12f. The defendant has not been convicted of or received
13a deferred judgment for a misdemeanor offense of violence
14committed subsequent to the conviction for which the defendant
15is seeking expungement.
16g. The defendant is not currently incarcerated or serving a
17period of probation for any criminal offense, and the defendant
18has no pending criminal charges.
19h. The defendant is not required to register as a sex
20offender under chapter 692A.
212. The following class “D” felonies shall not be expunged:
22a. A conviction for assault under section 708.2, subsection
234.
24b. A conviction of domestic abuse assault under section
25708.2A, subsection 4 or 5.
26c. A conviction for assault in violation of individual
27rights under section 708.2C, subsection 2 or 4.
28d. A conviction for assault while participating in a felony
29under section 708.3, subsection 2.
30e. A conviction for an assault on persons engaged in certain
31occupations under section 708.3A, subsection 1 or 2.
32f. A conviction for inmate assault under section 708.3B.
33g. A conviction for willful injury under section 708.4,
34subsection 2.
35h. A conviction for administering harmful substances under
-2-1section 708.5.
2i. A conviction for intimidation with a dangerous weapon
3under section 708.6, subsection 2.
4j. A conviction for going armed with intent under section
5708.8.
6k. A conviction for stalking under section 708.11,
7subsection 3, paragraph “b”.
8l. A conviction for removal of an officer’s communication or
9control device under section 708.12, subsection 3, paragraph
10“f”.
11m. A conviction for disarming a peace officer of a dangerous
12weapon under section 708.13, subsection 2.
13n. A conviction for female genital mutilation under section
14708.16, subsection 1 or 4.
15o. A conviction for threat of terrorism under section
16708A.5.
17p. A conviction for lascivious acts with a child under
18section 709.8, subsection 1, paragraph “d” or “e”.
19q. A conviction for assault with intent to commit sexual
20abuse under section 709.11, subsection 2.
21r. A conviction for sexual exploitation by a counselor,
22therapist, or school employee under section 709.15, subsection
234, paragraph “a”, or under section 709.15, subsection 5,
24paragraph “a”.
25s. A conviction for human trafficking under section 710A.2.
26t. A conviction for aggravated theft under section 711.3B,
27subsection 2, paragraph “b”.
28u. A conviction for threats to place or attempts to place
29any incendiary or explosive device or destructive substance
30under section 712.8.
31v. A conviction under prior law of an offense comparable to
32an offense listed in this subsection.
333. The county attorney for the county in which the
34conviction was entered shall be given notice of the
35application, and an order of expungement shall not be entered
-3-1until the state has been given notice and the opportunity to
2object on the grounds that the applicant does not satisfy all
3of the conditions in subsection 1.
44. a. A person shall be granted an expungement of a record
5under this section one time in the person’s lifetime. However,
6the one application may request the expungement of records
7relating to more than one conviction if all of the following
8conditions apply:
9(1) The application contains the nonviolent class “D”
10felony offense.
11(2) The convictions arose from the same transaction or
12occurrence.
13(3) The conviction is for a criminal offense that is
14eligible to be expunged under either this section or section
15901C.3.
16b. The expungement of a misdemeanor conviction under this
17subsection shall not be considered an expungement under section
18901C.3, subsection 3.
195. No order of expungement shall be entered until at least
20thirty days after an application has been filed.
216. The expunged record under this section is a confidential
22record exempt from public access under section 22.7 but shall
23be made available by the clerk of the district court upon court
24order.
257. Notwithstanding section 692.2, after receipt of
26notice from the clerk of the district court that a record of
27conviction has been expunged under subsection 1, the record
28of conviction shall be removed from the criminal history data
29files maintained by the department of public safety if such a
30record was maintained in the criminal history data files.
318. The supreme court may prescribe rules governing the
32procedures applicable to the expungement of a criminal case
33under this section.
349. This section applies to a nonviolent class “D” felony
35conviction that occurred prior to, on, or after July 1, 2021.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the expungement of convictions for
5certain nonviolent class “D” felonies and to the definition
6of a conviction relating to the possession, receipt, and
7transportation of firearms, offensive weapons, and ammunition.
8The bill provides that, for the purposes of Code section
9724.26 (possession, receipt, transportation, or dominion and
10control of firearms, offensive weapons, and ammunition by
11felons and others), a conviction does not include any offense
12which has been expunged or for which a person has been pardoned
13or has had the person’s rights restored in accordance with Code
14section 724.27 (restoration of offenders’ rights) unless such
15expungement, pardon, or restoration expressly provides that the
16person shall not ship, transport, possess, or receive firearms,
17offensive weapons, or ammunition.
18The bill provides that upon application of a defendant
19convicted of a nonviolent class “D” felony offense filed in the
20county where the conviction occurred, the court shall enter
21an order expunging the record of such a criminal case if the
22defendant has proven all of the following: more than 10 years
23have passed since the discharge of the defendant’s sentence;
24all conditions of the defendant’s parole or probation have
25been satisfied; all court costs, fees, fines, restitution,
26and any other financial obligations have been paid by the
27defendant; the defendant has not previously been granted a
28deferred judgment for a prior felony; the defendant has not
29been convicted of or received a deferred judgment for a felony
30offense committed subsequent to the conviction for which the
31defendant is seeking expungement; the defendant has not been
32convicted of or received a deferred judgment for a misdemeanor
33offense of violence committed subsequent to the conviction for
34which the defendant is seeking expungement; the defendant is
35not currently incarcerated or serving a period of probation for
-5-1any criminal offense and has no pending criminal charges; and
2the defendant is not required to register as a sex offender
3under Code chapter 692A.
4The bill provides that a conviction of the following class
5“D” felonies are not eligible for expungement: assault under
6Code section 708.2(4); domestic abuse assault under Code
7section 708.2A(4) or (5); assault in violation of individual
8rights under Code section 708.2C(2) or (4); assault while
9participating in a felony under Code section 708.3(2); assault
10on persons engaged in certain occupations under Code section
11708.3A(1) or (2); inmate assault under Code section 708.3B;
12willful injury under Code section 708.4(2); administering
13harmful substances under Code section 708.5; intimidation with
14a dangerous weapon under Code section 708.6(2); going armed
15with intent under Code section 708.8; stalking under Code
16section 708.11(3)(b); removal of an officer’s communication
17or control device under Code section 708.12(3)(f); disarming
18a peace officer of a dangerous weapon under Code section
19708.13(2); female genital mutilation under Code section
20708.16(1) or (4); threat of terrorism under Code section
21708A.5; lascivious acts with a child under Code section
22709.8(1)(a) or (e); assault with intent to commit sexual
23abuse under Code section 709.11(2); sexual exploitation by a
24counselor, therapist, or school employee under Code section
25709.15(4)(a) or (5)(a); human trafficking under Code section
26710A.2; aggravated theft under Code section 711.3B(2); and
27certain threats under Code section 712.8.
28The bill provides that the county attorney for the county in
29which the conviction was entered shall be given notice of the
30application, and an order of expungement shall not be entered
31until the state has been given notice and the opportunity to
32object on the grounds that the applicant does not satisfy
33all of the conditions specified in the bill, and no order of
34expungement shall be entered until at least 30 days after the
35application has been filed.
-6- 1The bill provides that a person shall be granted an
2expungement of a record one time in the person’s lifetime.
3However, the one application may request the expungement of
4records relating to more than one conviction if all of the
5following conditions apply: the application contains the
6nonviolent class “D” felony offense, the convictions arose
7from the same transaction or occurrence, and the conviction is
8for a criminal offense that is eligible to be expunged under
9the bill or Code section 901C.3. The bill provides that an
10expungement of a misdemeanor conviction under the bill shall
11not be considered an expungement under Code section 901C.3(3)
12which allows for an expungement once in a person’s lifetime of
13certain misdemeanor convictions under certain circumstances.
14The bill provides that the expunged record is a confidential
15record exempt from public access but shall be made available
16by the clerk of the district court upon court order. After
17receipt of notice from the clerk of the district court that
18a record of conviction has been expunged, the record of
19conviction shall be removed from the criminal history data
20files maintained by the department of public safety if such a
21record was maintained in the criminal history data files.
22The bill provides that the supreme court may prescribe rules
23governing the procedures applicable to the expungement of a
24criminal case under this Code section. The bill applies to a
25nonviolent class “D” felony conviction that occurred prior to,
26on, or after July 1, 2021.
-7-as/rh